Understanding the Difference Between Battery and Assault in California

A common misconception in criminal law pertains to assault and battery. Many individuals believe that assault and battery are interchangeable crimes because they are often charged together. However, it is important to note that the state of California actually classifies assault and battery as two separate convictions. It is crucial, in this case, that you understand the difference if you have been arrested for either or both crimes. After all, both assault and battery can result in significant penalties, and the defense strategy you and your lawyer put together will entirely depend on the crime with which you have been charged.

In a nutshell, assault occurs when a person commits an act that puts a victim in reasonable apprehension of harmful or offensive contact. Battery, on the other hand, occurs when someone commits an act that actually inflicts harmful or offensive contact on the victim. In this blog, we help you understand a more detailed definition of each crime, how they are distinct, and some of the common misunderstandings you need to know based on California law. Here is a breakdown.

What Is the Difference Between Assault and Battery?

Because assault and battery are terms often grouped together, many people do not know that these are separate crimes. Battery is likely what most people think of when they consider “assault and battery.” Battery is a term that describes an interaction when one person touches another using force. Note that this does not have to be a violent situation. It may also refer to harmful, offensive, and non-consensual touching. Assault, on the other hand, occurs when a person is attempting to use violence or force on a person. In most situations, an assault will occur first, followed by battery.

Here is what you need to know about each as they pertain to California law:

Assault

The state of California defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” In other words, you do not actually have to follow through with the violent (or nonviolent) act to be guilty of assault. What matters is that you have the ability and attempt to injure someone. Simple assault is a misdemeanor punishable by up to 6 months in jail and fines of up to $1,000. If you possessed a deadly weapon at the time, the crime may be a misdemeanor or felony conviction and may result in up to four years in prison and up to $10,000 in fines.

Battery

California Penal Code 242 PC defines battery as “any willful and unlawful use of force or violence upon the person of another.” In other words, if the assault is an attempted attack, battery is the attack itself. With this in mind, it is easy to see why both crimes are often charged at the same time when a defendant attempts to injure someone else and succeeds. Battery is a misdemeanor punishable by up to $2,000 in fines and imprisonment in county jail for up to 6 months. Aggravated battery, which involves the willful use of violence or force on another person, causing serious bodily injury, may be charged as a misdemeanor or a felony.

Whether you are facing assault or battery charges, or both, it is essential that you protect your rights. Contact the Aron Law Firm for legal assistance today.

Common Defenses Against Assault or Battery Charges

Facing assault or battery charges can be distressing, but several legal defenses can help protect your rights and potentially mitigate or dismiss the charges against you. Understanding these defenses is crucial for mounting an effective legal strategy. Here are some common defenses:

Self-Defense

Self-defense is perhaps the most well-known defense against assault or battery charges. It asserts that you used force to protect yourself or others from imminent harm. To successfully claim self-defense:

• Starting Sentence: You must demonstrate that you reasonably believed there was an immediate threat of harm to yourself or others.
• Ending Sentence: The force used must be proportional to the threat faced.

Courts assess whether your belief in the need for self-defense was reasonable based on the circumstances known to you at the time of the incident.

Defense of Others

Similar to self-defense, the defense of others allows you to use force to protect another person from harm. This defense requires:

• Starting Sentence: A reasonable belief that the person you were protecting faced imminent danger.
• Ending Sentence: The force used must be proportionate to the threat posed to the person you were defending.

Courts evaluate whether your actions were justified in light of the perceived threat to the third party.

Defense of Property

You may use reasonable force to defend your property from imminent harm. However, this defense typically applies in situations where the threat does not involve personal safety:

• Starting Sentence: You must show that the force used was necessary to prevent harm to your property.
• Ending Sentence: The force used must be proportionate to the threat posed to your property.

Excessive force or actions that endanger others could undermine this defense.

Consent

If the alleged victim consented to the physical contact or altercation, you may argue that their consent negates the element of unlawful force:

• Starting Sentence: Consent must be freely given without coercion or deception.
• Ending Sentence: The consent must apply to the specific act or level of force involved.

This defense is often nuanced and requires evidence that the alleged victim willingly participated in the conduct in question.

Lack of Intent

Assault and battery charges typically require proof of intent to harm or offend. If you can show that the contact was accidental or that you lacked the intent to commit the offense:

• Starting Sentence: You must demonstrate that the contact was unintentional or accidental.
• Ending Sentence: Evidence such as eyewitness testimony or video footage can support this defense.

Proving a lack of intent can be crucial in cases where the circumstances suggest a misunderstanding or misinterpretation of events.

False Accusation

In some cases, assault or battery charges may stem from false accusations. This defense involves:

• Starting Sentence: Provide evidence that the allegations against you are fabricated or misleading.
• Ending Sentence: Witness testimony, surveillance footage, or alibi evidence can support this defense.

Challenging the credibility of the accuser and presenting evidence of your innocence are essential elements of this defense strategy.

Alibi

If you can prove that you were not present at the scene of the alleged assault or battery:

• Starting Sentence: Establishing an alibi with documentation or witness testimony.
• Ending Sentence: Providing evidence that places you elsewhere during the time of the incident.

An alibi can undermine the prosecution’s case by showing that you could not have committed the offense as alleged.

Contact the Assault and Battery Lawyers at Aron Law Firm Today

Are you a California resident who would have been arrested for assault, battery, or both? If so, you may benefit from the assistance of knowledgeable legal professionals from the Aron Law Firm. Our skilled team has a wealth of experience helping to defend clients across the state of California from a wide variety of criminal charges, including assault and battery. We understand how stressful this time in your life can be, which is why we dedicate ourselves to the well-being and security of each and every one of our clients. For any additional questions about the difference between assault and battery or to discuss defense strategies, contact us today.

The Aron Law Firm has years of experience providing thoughtful, intelligent, and compassionate representation to our clients. We partner with you so that when your case is over, you will feel confident that retaining our firm was the best decision you have ever made. We understand that each client has their own unique set of circumstances and needs, which is why we treat each of our clients like a person, not another case number. To get in touch with a criminal defense attorney today, schedule a consultation by calling (805) 618-1768 or completing our contact form.